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COWAN v. KEYSTONE EMP. PROFIT SHARING FUND

No. 78-1212.

586 F.2d 888 (1978)

Kenneth J. COWAN, Plaintiff, Appellant, v. KEYSTONE EMPLOYEE PROFIT SHARING FUND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 21, 1978.

Attorney(s) appearing for the Case

Neil Lynch, Boston, Mass., with whom Herlihy & O'Brien, Boston, Mass. was on brief, for plaintiff, appellant.

Michael J. Liston, Boston, Mass., with whom Robert W. Meserve and Newman & Meserve, Boston, Mass., were on brief, for defendant, appellee.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal from the district court's dismissal of Cowan's suit for lack of subject matter jurisdiction. Cowan, whose employment with Keystone ended in November 1974, seeks to establish an interest in Keystone's Profit-Sharing Catch-Up Plan (the Catch-Up Plan), an employee pension benefit plan established in accordance with the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§...

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